PAZTIF.S) THE ATCHISON, TOPEitA AM SANTA FE &1IL'oiAY CO:AANY
TO )
DISPUTE) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES

STATEifcNT OF CLAIM: Claim in behalf of former Trackman W. W. riea
wort , L_i.L:LnoT=s1vision, for reinstatement to his former position
with seniority, vacation, all benefit rights restored and compensa
tion for ail wage loss and/or otherwise made whole beginning
.larch 21, 1954, continuing forward until he is restored to his for
mer position.

FI~iDI_1GS: This Public Law Board No. 1552 finds that the parties .erre Carrier and employee within the meaning of the Railway Labor Act, as amended, and tiat this Board has jurisdiction.

-: this aispute the claimant was advised by letter dated 4a7 23-; 1983, that his record stood with a total of 55 4emer3.ts. On Harc'.1 15, 1934 he waived an investigation and signed a waiver for a:: addi tional 20 demerits. The assessment of those 20 demerits resulted in the accumulation of a total of 60 demerits. On that basis, the Carrier terminated the claimant under Rule 31.H of the General Rules for the Guidance of Employes. That Rule provides that "a balance of sixty (60) demerits subjects an employee to dismissal." The Orsanization contends that the Carrier violated Rule 13 and Appendix 11 oz the current agreement.

Several awaras are relevant to this case. Award No. 31 or Public Law Board 157 and Award No. 20 of Public Law Board 414 held that when an employee had accumulated the demerits which justified dismissal, the Carrier had the right to do so. Herein the claimant had been notified that his record stood with 55 -demerits. He accepted the 20 demerits and knew, or should have known tat acceptance t e_eoE would place him in a position which would subject hire to dismissal. The Board has no authority to overrule t:a dec_aior. of the Carriar.

ZJARD: Claim denied.

Preston .tee, Cnaa.r.nan
21 ' 2 a~sQ
Union Tem r

qbf~

Dated At Chicago, IL ,.-it*'f ·fezlbar
Februarv 26, 1985